Is there any case law supporting the argument that a claim is not a contractual claim?
British Columbia, Canada
The following excerpt is from Northbridge Insurance Corporation v Trinidad Drilling Ltd., 2021 BCSC 836 (CanLII):
The problem with the defendants’ argument is that it is predicated on the assumption that the plaintiff is advancing a contractual claim in this proceeding. This is not consistent with the jurisprudence that has generally found disputes between insurers with overlapping policies regarding coverage and contribution to settlements to be grounded in equity, and in particular within the doctrine of unjust enrichment: Aviva Insurance Company v. Intact Insurance Company, 2018 ONSC 238 at para. 55 [Aviva].
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